Allegations of bias are easily made but hard to prove. Two recent Upper Tribunal cases have discussed the duty of advocates to raise issues of procedural unfairness as and when they occur.
The Home Office unlawfully detained an EEA national who spent over a year in immigration detention, after it emerged that there was no ‘realistic prospect of deporting the claimant within a reasonable period’.
Watch an exclusive interview with an expert legal aid lawyer on how victims of trafficking and modern slavery can achieve redress through the law.
It’s packed with practical insights on litigation in UK courts and tribunals and real-life success stories. Essential viewing.
Lawyers should ensure that their clients are not caught out by quiet amendments to the First-tier Tribunal procedure rules, that make an already tight deadline for permission to appeal applications even tighter in immigration and asylum cases.
Can a foreign national be lawfully detained even though the decision to remove them from the UK is unlawful? Bizarrely, yes. However, a new case from the Court of Appeal suggests that the UK Supreme Court may need to review this state of affairs.
Home Office discriminated against mentally ill detainee in breach of duty to make reasonable adjustments
This Court of Appeal case shows that thinking outside the box and utilising discrimination legislation can help to address gaps in government policy and procedure.